Re: latah county commission reconsideration

["Sam and Debbie Duncan" <sduncan@turbonet.com>]

My understanding of the land split problem is that you have to have
standing in the matter to request a judicial review that costs $100 dollars
to file. While it seemed to me that Loreca should have standing it is (
would be ) the same as the county suing itself. Also Gerard could file the
appeal since they ruled against him, but I have heard that he will not
appeal. Supposedly, any citizen could file, but an adjacent landowner would
have more clout in the process. 
 Next apparently this decision does not constitute a precedent that must be
followed in the future. And the split is not neccessarily a done deal, the
highway department must approve access, and sewage concerns must be met and
the split must include at least 3/4 of the unproductive land in the new
parcel.
Sam Duncan

----------
> From: Tom Lamar <tlamar@moscow.com>
> To: vision2020@moscow.com
> Subject: Re: latah county commission reconsideration
> Date: Sunday, December 13, 1998 6:37 PM
> 
> Another questions:  Is it possible for the new County Commission to
simply
> overturn this decision in January?
> 
> Tom
> 
> >Is there an attorney, or other legally-informed person who could answer
> >my question about the recent Latah County Commission decision that
> >magically transformed 9.3 acres into 10 in the decision to ignore legal
> >counsel and Ok a land split that violated the county's land use
> >law???????
> >
> >Since the existing commission will have a very different make-up in
> >January, could the new commission reopen that case, reconsider that
> >decision, and vote to follow the law?
> >
> >As of now, as I understand it, the county is obligated to support and
> >defend this decision.  Thus, it would be expensive (legal fees for both
> >private attorneys and county attorneys) and bizarre for the new
> >commission to be forced to defend that decision by the former
> >commission.
> >
> >Searching for enlightenment, I remain....BL
> >
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>